Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 1901.3. Commencement of Action.

Rule 1901.3. Commencement of Action.

 (a)  Except as provided in subdivision (b), a plaintiff shall commence an action by presenting to the court or filing with the prothonotary a petition setting forth the alleged abuse by the defendant. The petition shall be substantially in the form set forth in Pa.R.C.P. No. 1905(b) and shall have as its first page the Notice of Hearing and Order set forth in Pa.R.C.P. No. 1905(a).

 (b)  An action may be commenced by filing with the prothonotary a certified copy of an emergency order entered pursuant to 23 Pa.C.S. §  6110, including orders issued by a hearing officer.

 (c)  Any fees associated with this action shall not be charged to the plaintiff.

 (d)  The hearing officer shall follow the procedures set forth in the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges for emergency relief under the Protection From Abuse Act.

   Official Note

   See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

Source

   The provisions of this Rule 1901.3 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial page (392601).


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